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TMI Blog2020 (1) TMI 1278X X X X Extracts X X X X X X X X Extracts X X X X ..... was not in a position to cope up with the job requirements of the Corporate Debtor and left the organization, for which the Corporate Debtor sought a suitable replacement. This clearly shows that the candidate selected by the Petitioner is not up to the mark as it is amply proved that the person had resigned for the reason that he was not in a position to cope up with the job. It is to be seen that the Petitioner is charging a fee of 20,06,000/- and the selected candidate worked for less than three months - Since the selected candidate who joined on 15.03.2019, resigned on 03.06.2019, which is within 3 months of his appointment, the Petitioner is bound to find a suitable candidate for the position of Director, failing which the petitioner i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icating Authority) Rules, 2016. 2. The petition reveals that the Petitioner is a Sole Proprietor of "Executive Power", engaged in providing consultancy/recruitment services to recruit officers at various levels for an organization. 3. On 01.04.2016 the Petitioner and the Corporate Debtor executed an agreement under which the Petitioner was to provide recruitment services to the Corporate Debtor. 4. It is submitted by the Counsel for the Petitioner that from January to March 2019, the Corporate Debtor availed recruitment services of the Petitioner for the post of Director in Corporate Debtor's organization and raised Invoice No. Exe 102 on 05.08.2019 for ₹ 20,06,000/- (17,00,000/- plus applicable taxes) which was recei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Corporate Debtor called upon the Petitioner to comply with his obligations under the said agreement. 7. The Petitioner has enclosed the following letter dated 30.08.2019, sent by the Corporate Debtor to the Petitioner, which was before the issue of demand notice dated 07.10.2019, to show that there is a pre-existing dispute. "Executive Power (Consultant) Mr. Rahul Pathak A/503, Dheeraj Rejency Opp. Bhor Industry, Western Express Highway Borivali (East), Mumbai - 400 066 Sub: Invoice No. Exe 102 dated August 5, 2019 Dear Sir, We refer to the captioned invoice from you for placement of Mr. Kunal Valia with our Company in the capacity of Director - Wealth Management Group. In this connection, we wish to state that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 377; 20,06,000/- and the selected candidate worked for less than three months. 9. The agreement entered between the Petitioner and the Corporate Debtor on 01.04.2016 provides as below; "FEES CREDIT, NON-SOLICITATION In the event that, in respect of a candidate successfully placed with the Client by the Consultant under this Agreement, either the candidate or the Client gives notice to each other of termination of the engagement of the candidate by the Client (or notice of dismissal or other cessation of employment) within three (3) months of the date on which the candidate commences employment with the Client, the Consultant shall, promptly after receiving notice of that termination, present a suitable replacement candidate to Cli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the judgement of the Hon'ble Supreme Court in the case of Mobilox Innovations Pvt. Ltd. v/s. Kirusa Software (P) Limited- 2017 (SCC Online SC 1154) wherein it was held as below:- "40. Therefore, all that the adjudicating authority is to see at this stage is whether there is a plausible contention which requires further investigation and that the "dispute" is not a patently feeble legal argument or an assertion of fact unsupported by evidence. It is important to separate the grain from the chaff and to reject a spurious defense which is mere bluster. However, in doing so, the Court does not need to be satisfied that the defense is likely to succeed. The Court does not at this stage examine the merits of the dispute exce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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